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PROCEDURE Untouched by Natural Jurists
The writers on what is called goes by the name of the Natural Law
have touched very little if at all upon Laws
those on which we set out with bestowing the Title of
Adjective, or viz: those which relate to the course of owing
Judicial Procedure.
These they seem to have regarded as of a nature
merely positive, & not subject to their disquisitions —
And no wonder, since the imagination, working by
Analogies, & the general sense of mankind, (their only
guides, leaving them here.
Yet on this head as well as the other, if there be some
points of expedience which are local, moveable
& temporary, For that is all that natural Law comes to there are others which are universal
fixed & perpetual: which however it be with the
fact of their observance, are not the less real
in their own nature; themselves as arising not out of the principles
of the peculiar character & circumstances of any
nation, but out of the general principles of Human
nature.
Torture will not be a better or a worse method of eliciting
truth in France than in Great Britain, tomorrow
than yesterday, under the Government of
one than under the Government of many: for
tho it is poss conceivable (whether it be fact or no)
that the term at which the pain breaks the resolutions
of silence may come for the generality come
sooner be nearer in one of those countries than in the other,
when at what time so ever it does come there
will the same chance & no other of what is said suffer'd being true.
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Identifier: | JB/050/034/001 "JB/" can not be assigned to a declared number type with value 50.
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procedure code |
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procedure untouched by natural jurists |
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jeremy bentham |
[[watermarks::[gr with crown motif]]] |
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